The Board of Directors Non-Disclosure Agreement is essential for companies operating in England and Wales to protect their confidential information and trade secrets. This document should be implemented when appointing new board members or updating existing board confidentiality provisions. It covers various aspects of confidentiality including business strategies, financial information, intellectual property, and customer data. The agreement ensures compliance with UK company law while providing clear guidelines on information handling and consequences of breach.
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1. Parties: Identification of the company and the director entering into the agreement
2. Background: Context of the agreement and director's role
3. Definitions: Key terms including Confidential Information, Trade Secrets, Intellectual Property
4. Confidentiality Obligations: Core obligations regarding handling of confidential information
5. Duration of Obligations: Timeframe for confidentiality duties
6. Return of Confidential Information: Procedures for returning or destroying confidential materials
7. Breach and Remedies: Consequences of breaking confidentiality obligations
1. Permitted Disclosures: Circumstances where disclosure is allowed (use when specific exceptions needed)
2. Third Party Rights: Rights of group companies (use for corporate groups)
3. International Transfer Provisions: Rules for international data transfers (use for multinational operations)
1. Schedule of Confidential Information: Detailed list of specific confidential information types
2. Schedule of Group Companies: List of affiliated companies covered by the agreement
3. Data Processing Schedule: Specific obligations regarding personal data handling
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